Delhi Court dismisses the complaint, refuses to summon Dr. Bindra
In a recent defamation case filed against Dr. Bindra by various doctors associations across the country, Dr. Bindra won the case in the Delhi Court. In a detailed 16 page judgement, the honorable judge dismissed the case citing & relying upon various precedents of Hon’ble Supreme court and refused to even summon Dr. Vivek Bindra.
The video in contention was launched on 29th December 2017 on Dr. Bindra’s YouTube Channel, where he highlighted the need of AFFORDABLE HEALTHCARE in India. This video was nothing but a common man’s reality spelt out which attained more than 1 million views as the same was circulated by common man on social media platforms and messaging tools to share information with their friends &family members, thus making it VIRAL. As a video can’t be made viral by an individual unless the content hits the right chord with people in general, hence its popularity mirrors the national opinion around the significant issue of healthcare. According to the Indian medical laws, these malpractices carried out by some of the doctors and medical practitioners as shown in video are illegal & unethical.
According to Dr. Bindra, “We all should jointly raise our voice against the prevalent medical malpractices and not against doctors and medical practitioners. It is an educational video emphasizing the mind-set of AFFORDABLE HEALTHCARE which will help the medical industry scale their profession into healthy sustainable business model focusing on inclusive growth. A model where patients are satisfied of quality treatment at affordable prices; doctors and hospitals are happy handling volumes ensuring their profitability and winning the credibility and trust of patients”.
The whole episode created issues for Dr. Bindra where he was threatened for his life, his seminars & sessions were threatened to be cancelled in few cities, his brand image was defamed on social media platforms by few doctors.
Key Highlights of the Judgment
- Doctor’s as a class cannot be defamed: -Word “doctors” is too vague and unidentifiable to be defamed as for e.g. A Phd. Degree holder is also called as a doctor.
- Honourable Judge clearly outlined the fact that Dr. Bindra’s intention cannot be to defame anyone as the video clearly depicts positive examples around us
- Reputation is for the public to decide, the character is a personal thing: – Reputation is what people think you are but character is who you are.
- The complainant i.e. Various doctor’s associations, failed to show that the reputation actually took a hit: -Even if it is presumed that doctors can be defamed, complainant failed to show any evidence to substantiate that they have been maligned or dis-reputed in the eyes of public or the video has caused any harm to them.
- Democracy encourages participation & gives the right to express in our nation
- The video was taken as fair criticism by the court:-Citing the famous 1989 judgement of the Hon’ble Supreme Court in “Rangarajan vs. P.Jagjivan Ram”, the court stated that a democracy government demands public contribution in the affairs of the community.
“This video was never meant to hurt anyone or any profession; it was a call for AFFORDABLE HEALTHCARE and an opportunity for Doctors to learn to do business in an ethical way. The models of scalability were described by taking examples of doctors and medical practitioners like Dr. Devi Prashad Shetty, a Padamshree and Padam Vibhushan awardee, Dr. Govindappa Venkataswamy, owner of Arvind Eye Care Hospital, and Tata Memorial Hospital who are adopting ethical practices and ensuring profitability of positive EBIDTA. Let us together help increase the trust in the entire medical ecosystem” added Dr. Vivek Bindra.
